GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #1

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Linda7NJ said:
IMO it's gotta be more than the child was dead earlier from heat and he knew it earlier ...

Maybe the child showed evidence of being moved several times after death? Or some other visually observed by professionals physical trauma? Maybe he told the daycare he was sick?





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which brings me full circle back to livor mortis told a different tale maybe
 
Judicious1 said:
Interesting however unless he thought the kid was there there was no reason to check a rear facing carseat if you thought the kid was at daycare. Not defending him just saying most cases I read about this the people drove to pick up their kids not knowing they were deceased in the backseat. If he went to lunch and came back it would make this that much sadder and crazier but doesn't make it intentional
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Aren't rear facing car seats only for infants - up to 6 months or so? It's been a while, so maybe the rules have changed.
 
Linda7NJ said:
IMO it's gotta be more than the child was dead earlier from heat and he knew it earlier ...

Maybe the child showed evidence of being moved several times after death? Or some other visually observed by professionals physical trauma? Maybe he told the daycare he was sick?





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If mom was charged or even detained I could see this more. Unless He beat Cooper in the morning and tried to cover it up I think he most likely forgot him in the car and discovered ot at some point.
 
peedoffinny said:
Aren't rear facing car seats only for infants - up to 6 months or so? It's been a while, so maybe the rules have changed.
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Up to 2 years old now and they are pretty chunky.
Google them. The sides come out pretty far and high. My daughter sleeping or sitting in hers, and she is 4 now and faces front, doesn't show in the seat other than her dangling legs. This is my view everyday closing the door after buckling her in. She is petite but if you look them up you will see its very common.
 
No, the recommend minimum is 2 years & 30 pounds. Our pediatrician suggests exceeding that. That's a pretty new guidline, though.
 
tlcya said:
I am curious to know how often Cooper attended the work onsite daycare and if there is any formal arrangement like signing that they will be present X days a week, etc. or if it is more like a come one come all, we will serve whoever needs daycare today even if your child does not come here regularly.

On site daycare would suggest dad had brought him there in teh past and this was not an "oops, I am not the regular taker to daycare person" Since it was on site at his workplace I would assume he took the child more than his wife. I know, I know, assumptions.
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I read a comment from a friend/old teacher on Facebook (article comment) that Ross dropped off everyday and wife picked up because she only works part time
 
Anyone know if the charges against the father, felony murder, does that include premeditation?

I just can't see them holding the father with no chance for bail until the 25th unless they have very strong evidence of lying and/or covering up a murder(?) /non-accidental death of a child.:twocents:


RIP Cooper.
 
JeannaT said:
Since I've never had a child in daycare, I have to ask this.

Do married couple say that to each other if things are going fairly well? (If there's a real issue at daycare or the child is recently refusing to go, or seemed possibly ill that morning, I can see asking.)

In general, if the routine was for him to drop the baby off at day care and this had been going on for some time, would it be typical for a parent to ask that every day?

When my husband would leave in the morning and I'd take the kids to school a short while later - if we talked during the day he would never say how did dropping the kids off at school go today? I literally don't think he ever asked that, once, in all our kids lives.

So. I'm curious - for parents of kids in daycare, do you typically ask the parent who drops the child off how the drop off went if it were routine?
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Everyone's different of course. But in my experience, no. We would only communicate about drop off and pick up if plans were uncertain due to work schedules. The exception would be if there was something particular going on like picture day or a new classroom...stuff like that. My kids didn't have separation issues, but I suppose that would have been a situation where we would have communicated more about drop off.

That said, it seems like we would mention it in conversation regularly. Like I'm going to pick up baby at 5:00 and we're going shopping and I'll be home by 6, or whatever. But, like I said, our work schedules were kind of unpredictable so there was a reason for that. I though I read dad did the drop off and mom did the pick up. I wonder what time she picked up at. Since the daycare was at HD, it wouldn't make sense for her to do pick up unless she picked him up earlier than dad left for the day.

I guess we'll find out what really happened soon enough. :(
 
Georgia felony murder statute:

16-5-1 Murder/Felony Murder | Georgia Law
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death or by imprisonment for life.
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Irisha said:
Anyone know if the charges against the father, felony murder, does that include premeditation?

I just can't see them holding the father with no chance for bail until the 25th unless they have very strong evidence of lying and/or covering up a murder(?) /non-accidental death of a child.:twocents:


RIP Cooper.
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I read that it stems from the fact that it happened during commission of a felony (Cruelty to child in the 1st) so I am not even sure premeditation is a factor but I do not recall if it is the LAW that deaths during a felony must be charged as murder. Somehow I think not. I suspect if there was not reason to believe more a lesser charge could maybe have been sought.
Guess its time to google now

:sigh:

why is it always ME who opens the :worms:
 
Murder occurs when an individual with premeditated malice unlawfully causes another person to die. The element of malice may be satisfied by showing an express or implied form of malice. The law also states that an individual commits murder when he causes the death of another while engaging in a felony. In such cases, malice does not have to be proven. The punishment for a conviction of murder is death or imprisonment for life.

http://www.pagepate.com/experience/criminal-defense/georgia-crimes/georgia-murder-violent-crimes/

Does this mean it must be charged though? But then the cruelty charges stem from the belief that he knew that Cooper was there. But then if LE and DA knew the charge of child cruelty was going to generate an automatic need to also charge murder, then it is telling the way this has been charged. Fact is, it could have been charged with a lesser crime and then as new evidence was uncovered or came to light more charges be added.

MOO
 
ticya, I think it is telling as well. Here is an example of case law that might (or might not shed further light on the way he was charged:
Statute
When, in the commission of a felony, he causes the death of another human being irrespective of malice. O.C.G.A. 16-5-1(c).

2
Caselaw Part I
Although felony murder does not require malice or intent to kill, it does, however, require that the defendant possess the requisite criminal intent to commit the underlying felony. Flanders v. State, 279 Ga. 35 (2005). Felony means any felony that is dangerous per se, or which by the attendant circumstances, creates a foreseeable risk of death. Ford v. State, 262 Ga. 602 (1992). The elements of the felony are not to be considered in the abstract, but instead the circumstances under which the felony was committed. Turner v. State, 281 Ga. 487 (2007). Legal cause will not be present where there intervenes (1) a coincidence that is not reasonably foreseeable or (2) an abnormal response. Skaggs v. State, 278 Ga. 19 (2004).
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http://www.avvo.com/legal-guides/ugc/the-crime-of-felony-murder-in-georgia

So (and I am not a lawyer!) by this interpretation it seems to me that if he *is* being charged with felony murder based on commission of a felony (cruelty to children in the first) it would have to be demonstrable that he intended to commit that felony or that a foreseeable risk of death was created. What I don't know is whether Georgia law requires the underlying felony to be charged separately if it exists. If so, then that gives even more food for thought as to why the charge went straight to felony murder.
 
Judicious1 said:
I read a comment from a friend/old teacher on Facebook (article comment) that Ross dropped off everyday and wife picked up because she only works part time
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If that's true, and it seems that it is since why would she ever pick up from daycare at HIS job unless she was able to pick up early, it makes sense that he (or both) would have realized something was wrong much earlier in the day if there was an accidental leaving.
 
They feel felony murder is the proper charge because a death acurred while or as a result of a felony being committed. So the child neglect charge is the felony in this case and then because it resulted in death it carries over to felony murder. Another example would be if you to rob a bank that's a felony on its own ... If in the process you shoot and kill a security guard you didnt know wpuld be there its felony murder. Doesn't matter if you planned on killing someone. They only have to prove intent on the origional felony charge. If they can prove Ross intended to leave Cooper in the car for the day and he died as a result there is your conviction. Doesn't matter if he thought the boy would be fine and sleep all day. The process of leaving him was a felony. Forgetting he was in there is not.. They must prove he intended to leave him and that he was alive when he did so. Manslaughter is a hole different story. They could still drop the charge down to that since the child was in his car when he forgot.
 
Although by this, it seems that cruelty to children in the first degree requires willful malice:

Georgia Code - Crimes and Offenses - Title 16, Section 16-5-70

(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child́s health or well-being is jeopardized.

(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.

(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
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http://law.onecle.com/georgia/16/16-5-70.html
 
Karmady said:
If that's true, and it seems that it is since why would she ever pick up from daycare at HIS job unless she was able to pick up early, it makes sense that he (or both) would have realized something was wrong much earlier in the day if there was an accidental leaving.
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I would guess 4pm was getting close to his pick up time... Might be why the while thing went down when it did. Just speculation.... I just think 4 is early for a full time IT person to get off work. Just from experience.
 
tlcya said:
Murder occurs when an individual with premeditated malice unlawfully causes another person to die. The element of malice may be satisfied by showing an express or implied form of malice. The law also states that an individual commits murder when he causes the death of another while engaging in a felony. In such cases, malice does not have to be proven. The punishment for a conviction of murder is death or imprisonment for life.

http://www.pagepate.com/experience/criminal-defense/georgia-crimes/georgia-murder-violent-crimes/

Does this mean it must be charged though? But then the cruelty charges stem from the belief that he knew that Cooper was there. But then if LE and DA knew the charge of child cruelty was going to generate an automatic need to also charge murder, then it is telling the way this has been charged. Fact is, it could have been charged with a lesser crime and then as new evidence was uncovered or came to light more charges be added.

MOO
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It's not necessary for a particular crime to be charged, ever, imo. Of course, they WILL charge obvious crimes with undisputable proof. Otherwise they'd be breaching their ethics and duty to the public. But the State has a lot of discretion regarding what they pursue and what they don't within the very broad parameters of what the investigation yields. all jmo
 
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